S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3832
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  TAGUE,  BRABENEC,  DeSTEFANO,  FAHY, HAWLEY,
   B. MILLER, M. MILLER, MONTESANO, PALMESANO,  SALKA,  SMULLEN  --  read
   once and referred to the Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to preserv-
   ing  premium reimbursement eligibility for fairs and expositions which
   are unable to have events due to the outbreak of COVID-19
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 286 of the agriculture and markets
 law,  as  amended by chapter 600 of the laws of 2019, is amended to read
 as follows:
   1. (A) There shall be appropriated annually  for  the  department  [of
 agriculture and markets] an amount of money sufficient to pay and satis-
 fy  the  reimbursement  moneys herein specified and which money shall be
 disbursed by the commissioner on behalf of the state for  the  promotion
 of  agriculture  and domestic arts, to duly incorporated agricultural or
 horticultural corporations as defined in section fourteen  hundred  nine
 of  the  not-for-profit  corporation  law,  the county extension service
 association in the county of Orange, the American institute in the  city
 of  New York, the Goshen Historic Track, Inc., the Genesee Valley Breed-
 ers' Association, Inc. and  county  extension  service  associations  in
 proportion  to the actual premiums paid during the previous year includ-
 ing premiums paid for trials or tests of speed and endurance of  harness
 horses.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
 ANNUAL APPROPRIATION MADE FOR THE TWO THOUSAND TWENTY-ONE--TWO  THOUSAND
 TWENTY-TWO  STATE  FISCAL  YEAR  FOR  THE  DEPARTMENT FOR THE PURPOSE OF
 PAYING AND SATISFYING REIMBURSEMENT MONEYS SHALL BE IN PROPORTION TO THE
 ACTUAL PREMIUMS PAID DURING TWO THOUSAND NINETEEN.
   § 2. Subdivision 2 of section 286 of the agriculture and  markets  law
 is amended by adding a new paragraph (d) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06604-01-1

 A. 3832                             2
 
   (D)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ALL
 ORGANIZATIONS OTHERWISE ELIGIBLE TO RECEIVE MONEYS APPROPRIATED  BY  THE
 STATE  PURSUANT  TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL NOT
 BE DEEMED INELIGIBLE FOR PREMIUM REIMBURSEMENT BECAUSE OF A  FAILURE  TO
 HOLD  A  FAIR OR EXPOSITION DURING THE PREVIOUS CALENDAR YEAR DUE TO THE
 COVID-19 PANDEMIC.
   § 3. Subdivision 4 of section 286 of the agriculture and markets  law,
 as  amended  by  chapter  600 of the laws of 2019, is amended to read as
 follows:
   4. Any organization that shall fail or neglect to hold an annual  fair
 or  exposition  and  file  its  annual report for two consecutive years,
 shall forfeit any privileges or money to which it may otherwise be enti-
 tled pursuant to the provisions of this article. In computing such peri-
 od of two consecutive years, no year shall  be  counted  in  which  such
 failure  was deemed by the commissioner to be attributable to a cause or
 condition with respect to which the organization  or  its  directors  or
 officers  had  no  control, INCLUDING BUT NOT LIMITED TO THE OUTBREAK OF
 NOVEL CORONAVIRUS, COVID-19, or for any other reason which  the  commis-
 sioner deems justified.
   §  4. Notwithstanding any provision of law to the contrary, any moneys
 appropriated in the state fiscal year 2020-2021 pursuant to section  286
 of  the  agriculture and markets law which have not been disbursed shall
 be reappropriated  for  the  same  purpose  in  the  state  fiscal  year
 2021-2022.
   § 5. This act shall take effect immediately.